Crimes Against Property Ch. 11 Flashcards
To be a criminal acts
Those acts must have exact definitions in addition to having been committed voluntarily with wrongful intent
At common law exact definitions came about by
Assigning specific elements to each crime
The common-law definition of larceny includes the following elements
- A wrongful taking
- And carrying away
- Of the personal property
- Of another
- With intent to steal (permanently depriving the owner of possession)
What are the elements of larceny
Wrongful taking
Carrying away (asportation)
Personal property
What are the elements of larceny
Wrongful taking
Carrying away (asportation)
Personal property
Intent to steal
Define personal property
Goods or chattels (anything subject to ownership that is not real property)
What is not subject to larceny
Real property
choose in action
Define intent to steal (animus furandi)
At the time of the crime, the taker must intend to permanently deprive the owner of the property
Embezzlement is committed when one is
Rightfully entrusted with property of another and then appropriates it to his or her own use
What are the degrees of larceny
Petit (petty) larceny-a misdemeanor
Grand larceny-a felony
Some states have consolidated
larceny, embezzlement and larceny by false pretense into one stature
What does RICO act of 1970 stand for
Federal racketeering influenced and corrupt organizations
Define forgery
Fraudulent making or altering of a writing whereby rights of another might be prejudiced
What subject matter of forgery must be a writing or document that has some legal efficacy (effectiveness)
Deed, mortgage, will, promissory note, check
What are the 2 forms of forgery
- Fraud in Esse contractus (fraud in the essence)
2. Uttering
